How should regulators respond when criminal offences or other misconduct occur outside a professional’s practice?
In the latest episode of our regulatory podcast ReguLaw, CM Murray Partners Beth Hale and Andrew Pavlovic are joined by Chloe Carpenter KC of Fountain Court Chambers to discuss the recent High Court decision of Hickey v Bar Standards Board and its wider implications for lawyers and other regulated professionals. Watch the episode above or listen here.
Beth, Andrew and Chole discuss:
- Why regulators care about conduct outside of practice – Regulators may take action in relation to conduct outside practice where it raises concerns about fitness to practise or could diminish public trust and confidence in the profession.
- Context matters – The Hickey judgment demonstrates the need for regulators to assess the specific facts of each case rather than applying a blanket approach to sanctions relating to criminal conduct.
- The nature of the misconduct is critical – Courts and regulators will look closely at the nature of the conduct and the extent to which it genuinely reflects on the individual’s professional standing.
- Reporting obligations can arise at an early stage – Criminal cautions, charges and convictions will often trigger automatic regulatory reporting obligations, but wider reporting obligations will also need to be considered at the earliest possible stage.
- Non-criminal conduct can also attract scrutiny – Regulatory concerns are not limited to criminal offences and may extend to other forms of personal conduct outside professional practice.
- Practical lessons for regulated professionals – The discussion highlights the factors courts and regulators are likely to consider when balancing public confidence, proportionality and professional standards.
Andrew Pavlovic is recognised by Chambers and Partners UK 2026 as “Up and Coming” in the field of Professional Discipline: “Andrew is a recognised expert, particularly in legal regulation.”
Beth Hale is ranked in Chambers and Partners UK 2026 as Band 3 for Partnership (Contentious): “Beth is an outstanding partner and has guided us well and strategically in a sensitive partnership issue.” “Beth is super-dedicated to her client’s cause and super-empathetic.“
CM Murray LLP has been recommended by Legal 500 UK 2026 and Chambers and Partners UK 2026 for Professional Discipline: “The firm is a leader in the field of professional discipline.” “‘The team is very good on all matters of regulatory law.”
